In what is a major fallout of the GeForce GTX 970 memory allocation controversy, leading retailers in the EU are reporting returns of perfectly functional GTX 970 cards citing "false advertising." Heise.de reports that NVIDIA is facing a fierce blowback from retailers and customers over incorrect specs. Heise comments that the specifications "cheating could mean the greatest damage to the reputation of the company's history."

Major German PC hardware retailer Caseking.de says that retailers don't have any explanation from NVIDIA to give to their customers. A similar sentiment is being expressed by the NVIDIA add-in card partners (AICs) we spoke to. Retailers and AIC partners are on their own, for now. One AIC partner rep told us that NVIDIA has no worldwide action plan, as of now, to deal with a potential flood of returns.In absence of every other recourse, laws in most EU member states dictate that the retailers accept returns for a full refund, if they are not able to "repair" the defect, or exchange with another unit that works as advertised (which a retailer obviously can't, in this case). Retailers' options in the matter boil down to: 1. Taking back cards from whoever isn't happy with their GTX 970 and giving them a refund; 2. compensating with something of value (eg: game-coupons, in-game currency, etc.,) and 3. Springing up a surprise, such as exchanging GTX 970 cards purchased before a set date, with a GTX 980 (if that's your idea of a "repair."). This will come at the expense of a cascading lawsuit-chain (customers suing retailers, who in-turn sue AICs, and who in-turn sue NVIDIA).

NVIDIA, on the other hand, plans to issue a driver update that will "improve" the way the chip allocates resources, but there's no word on whether it re-enables disabled components that NVIDIA wasn't honest about, the first time around. They're counting on the issue to simply blow over, because at $329, there really isn't much you can complain about the GTX 970, given how it's positioned in comparison to the GTX 980.